Monday, February 19, 2007

Enron Case Falling Apart

Dealbreaker.com reports what we've been saying from the beginning:

Since the prosecution of former-Enron CEO Jeff Skilling, who is now serving a 24-year and four month jail sentence, also used the "honest services" theory, there has been some speculation that the court's decision might be a sign that it could overturn some of his convictions as well. When the fifth circuit court denied Skilling bail in December, it noted that there were "serious frailties" with his conviction on securities fraud and insider trading convictions.

The decision by the government not to appeal the fifth circuit ruling means that Skilling's appeal before the same court will be able to rely on ruling as controlling law. It may be too early for Skilling to pop the cork on the champagne. But it's probably not too early to start putting some on ice.

An Anon comment in the forums puts it perfectly, abusive law enforcement by state thugs the entire time:

The Enron prosecutions were/are characterized by perp walks, defamatory DOJ press conferences and unbridled use of witness intimidation, while the lynch mob never ceased to shout out its encouragement. You name the prosecutorial power/advantage, and it was abused. These prosecutions appears to be unraveling And if they do, perhaps the use of abuse will have been shown to be a dead end street, the “justice” in the criminal justice system more sturdy than it now appears. Of course, even then how to undo the damage done? As Skilling said, “good people have died.” Several fine men have spent and are spending time in prison on trumped up charges. Others are or will be imprisoned based on false, self-serving pleas. Yet folks like Rudy, who jumped started their careers with such abuse, seem to get along afterwards just fine. I going to listen to Abe's linked song again.

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